VANCOUVER - A British Columbia Supreme Court Justice has dismissed a defence
motion to stay extradition proceedings against former Yukoner John Graham.

Graham's lawyers alleged abuse of process by the U.S. district attorney,
claiming the U.S. has fabricated evidence and misled the Canadian courts
in an effort to extradite him for trial.

Graham is wanted for trial in South Dakota in connection with the 1976
murder of Anna Mae Pictou Aquash. He has pleaded not guilty.

The defense based its motion on a 2003 B.C. case in which proceedings
were stayed due to unreliable evidence submitted by the U.K. in an extradition
case.

Graham's attorney, Terry LaLiberte, alleged that U.S. district attorney
Robert Mandel deliberately or negligently certified to the Canadian court
that evidence exists, which in fact it does not exist.

LaLiberte pointed out that one certified witness is dead, and that another
witness denies making statements attributed to him.

The U.S. has also certified that an eyewitness, Arlo Looking Cloud, already
convicted of aiding in the murder, will testify against Mr. Graham. LaLiberte,
however, has submitted an affidavit from Looking Cloud's new lawyer, Terry
Gilbert, stating that his client will not testify against Graham.

Finally, LaLiberte submitted an affidavit from Leonard Peltier, a member
of the American Indian Movement now in prison, in which he claims that
in 1998 a man visited him in prison and offered him a deal to have him
released in exchange for providing false evidence against Graham.

Crown attorney Deborah Strachan, representing the U.S., has stated that
the mistakes in the certified evidence do not prove intentional abuse of
process. She pointed out that the U.S. certifies that the evidence is available
for trial, not the specific witness.

She has also pointed out that under the current Canada-U.S. extradition
treaty, the judge in this case cannot rule on the quality of the evidence
certified by the requesting state, the U.S.

In dismissing the defence motion, Justice Elizabeth Bennett agreed with
the Crown, stating that the evidence of errors and inconsistencies in the
summary of evidence certified by the U.S. district attorney does not establish
an abuse of process. She pointed out these issues could be brought before
Canada's Minister of Justice, Irwin Cotler, should the court approve the
order to extradite Graham.

She explained her only role is to determine if Graham is the person sought
in the case and if there is a prima facia case for ordering the extradition.

A prima facia case means that on first appearance the evidence seems adequate.

Outside the courtroom, LaLiberte expressed displeasure with the ruling,
saying he was disappointed but not surprised.

John Graham appeared stoic. He says it's what he expected.

Graham's daughter, Naneek, in tears outside the courtroom, was not so
composed. She told reporters her father is being railroaded by the U.S.

If Justice Bennett approves the extradition, Graham's lawyers have already
stated they will appeal.